TNAG-0261-FCO40-297-Applications-by-judges-for-admission-to-legal-practise-at-Ho-1970 — Page 51

CONFIDENTIAL

CYPHER/CAT A

IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE

TO

2

HONG KONG

TELEGRAM NO. 112

LAST

REF.

NEXT

REF.

CONFIDENTIAL.

FOLLOWING FOR ATTORNEY-GENERAL FROM MCPETRIE.

27 FEB 1970.

4/49)

(HKK

RECEIVED IN

REGISTRY No.51

2 MAR 1970

HKK 14/19

YOUR LETTER OF 13 FEBRUARY ABOUT APPLICATION FOR ADMISSION BY

J.T.WILLIAMS.

2. I HAVE NO RECOLLECTION OF SIMILAR APPLICATIONS TO PRACTISE FROM

RETIRED JUDGES OF INTERMEDIATE COURTS.

3. JACKSON-LIPKIN IN LETTER TO LORD CHANCELLOR (AS TO WHICH SEE PARAGRAPH 6 BELOW) SAYS APPLICATION IS TO BE HEARD 2 MARCH. IF THIS

IS CORRECT INSUFFICIENT TIME FOR ME TO DISCUSS QUESTION OF PRINCIPLE

WITH LORD CHANCELLOR'S OFFICE.

4. I TAKE THE VIEW THAT FOR SAME REASONS AS APPLY IN CASE OF RETIRED PUISNE JUDGE (COLONIAL OFFICE CIRCULAR DESPATCHES 531/52 OF 26 MAY 1952 AND 12/53 OF 5 JANUARY 1953) IT IS UNDESIRABLE FOR RETIRED DISTRICT JUDGE TO PRACTISE IN TERRITORY WHERE HE HELD THAT

OFFICE. THE HIGHER ONE GETS IN THE JUDICIAL HIERARCHY, THE GREATER

IS THE OBJECTION TO RETURN TO THE BAR. AT DISCUSSIONS BETWEEN

ROBERTS-WRAY AND LORD CHANCELLOR'S OFFICE IN 1958 GENERAL OPINION

WAS THAT IT WOULD BE JUSTIFIABLE TO REQUIRE A JUDGE APPOINTED TO COURT OF INTERMEDIATE JURISDICTION TO GIVE SAME UNDERTAKING AS PUISNE JUDGE. MATTER WAS APPARENTLY LEFT IN ABEYANCE PENDING CONSULTATION BY CHIEF JUSTICE HONG KONG (HOGAN) AND HONG KONG BAR ASSOCIATION. I DO NOT KNOW WHETHER SUCH CONSULTATION EVER TOOK PLACE. 5. RIGHT TO DETERMINE WHO SHALL BE ADMITTED IS VESTED IN SUPREME COURT (LEGAL PRACTITIONERS ORDINANCE, S.27). SEE, TOO, JUDGMENT OF BLAIR-KERR J. (IN RE C.W. REECE, HONG KONG LAW REPORTS 1963 AT P. 329 AND 338). WITH RESPECT TO YOUR OWN POSITION AS REPRESENTING THE CROWN, APPLICANT MIGHT ARGUE THAT SINCE HE WAS NOT ASKED FOR AN UNDERTAKING NOT TO PRACTISE, IT WOULD BE BREACH OF FAITH FOR YOU TO OPPOSE APPLICATION. I WOULD DISAGREE WITH THIS. FACT THAT CROWN INSISTS ON UNDERTAKING FROM PUISNE JUDGE CLEARLY IMPLIES THAT CROWN

/WOULD OBJECT

CONFIDENTIAL